Opinion
DOCKET NO. CA 15-00105
03-06-2015
GENERATIONS CHILD CARE, INC., PLAINTIFF-RESPONDENT, v. LIVING WORD TEMPLE OF RESTORATION AND WILLIAM R. TURNER, JR., DEFENDANTS-APPELLANTS.
PRESENT: , SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Respondent having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on October 8, 2014, on the grounds that appellants failed to take timely the appeal and failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Laurie A. Giordano, Esq., dated January 13, 2015, the notice of motion with proof of service thereof, and the affidavit of William R. Turner, Jr., sworn to February 5, 2015, and due deliberation having been had thereon, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to dismiss the appeal for failure to perfect timely the appeal, and the appeal is dismissed without further order unless the appeal is perfected on or before May 5, 2015, and
It is further ORDERED that the remainder of the motion is denied on the ground that the motion fails to demonstrate that the notice of appeal is a nullity (see Mack v Edell, 1 AD2d 937; Mechanic's Laundry Co. v Christopher, 286 AD 956; Rakha v Pinnacle Bus Servs., 98 AD3d 657, 658-659; Martin v Chase & Sons, 119 AD2d 888; Hendry v Hilton, 283 AD 168, 172; Gradl v Saulpaugh, 268 AD 787).
Entered: March 6, 2015
Frances E. Cafarell, Clerk